Ord. 509-292 03-29-99 ORDINANCE NO. 509-292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY BEING 9.983 ACRES, CALLED TRACT 16, H.T. & B.R.R CO.
SURVEY, SECTION 7, A-219, OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 644) (13801 GARDEN ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY
INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF CARL A. DAVIS,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Carl A. Davis, owner, filed on November 19, 1998, an application for
amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban
Development Ordinance of the City, for approval of a change in the land use as provided for
in said Section 28, said property being legally described in the original application for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 15th day of March, 1999, a joint public hearing was held before the
Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice
being given by publication in the official newspaper of the City, the affidavit of publication
being attached thereto and made a part hereof for all purposes, as Exhibit "B", said call and
notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No.
509; and
WHEREAS, on the 22"d day of March, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Carl A. Davis, Owner whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Suburban Development District (SD) to Heavy Industrial
District (M-2); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on March 29, 1999, and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case of the
application of Carl A. Davis, owner, facts were presented which, in the judgment of the City
Council, would justify the approval of said application, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby
for all purposes changed and reclassified as Heavy Industrial District (M-2); such property
being more particularly described as:
Being 9.983 acres, called Tract 16, H.T. & B.R.R. Co. Survey, Section 7, A-219,
of the plat records of Brazoria County, Texas (13801 Garden Road)
II.
The City Council of the City of Pearland finds and determines that the recitations in
the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The City
Council further finds and determines that there has been compliance with the mandates of
law in the posting and presentation of this matter to the Planning and Zoning Commission
and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the amendment
adopted herein promotes the health, safety, and general welfare of the public and is a proper
valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
V.
All rights and remedies which have accrued in the favor of the City under this
Ordinance and its amendments thereto shall be and are preserved for the benefit of the City.
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to the
official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance
No. 509, and consistent with the approval herein granted for the reclassification of the herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-292
PASSED, APPROVED, and ADOPTED on First Reading this
r~.~ ,1999.
day of
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1999.
TOM REID
MAYOR
ATTEST:
#
CI'Y S
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
__ Change in Zoning Classification from:
__ Change in Regulations in Section #:
Specific Use for: * M-2 (_Heavy Industrial
to: /'B-- '7-
District) [.~C~Me~ ,/~/~
Prope~y address: 13801 Garden Road, Pearland, { ?005 G~rder., Road-new)
9.983 acres, Tract 16, H.T.&B.R.R.
Survey, Sec. 7, Abstract 219, Subdivision:
Bra~-o~]a County, Texas
Metes & Bounds Description: See Attached
(unplatted property on]y; attach suP~ey)
Texas 77584
Tax I.D. number:
[Heavy industrial and manufacturing,
Proposed ~eofland withinreques~ddesignafion:
operation, cementing
' delivery, storage ~f
other uses lnvolving
Reco~ owner'snanle: Carl
fabrication of equipment, industrial
painting, welding, machine shop
operatioD, use of 18-wheel trucks for pickup and
steel rolls etc.,industrial crating', and miscellanepus
the. og. eraticn of a heavy industrial manufact. Ering complex.
A. Davis
Owner'smailingaddress: P.o. Box 262326, Houston, Tx 77207
· Owner's telephone number:
(281)485-8301
Agent's ~me: James W. Cox
Agent's mailingaddress: 5177 Rickmond Ave., Ste. 740, Houston, TX 77056
Agent's telephone number: ( 713 ) 627-0700 [
PETITION: As qwner/agent, i hereby petition the City for approval of the above described request as ~j
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
Permit request to allow a residentia,' use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current arid future uses on properties in my vicinity.
2ees paid: ,4//,z~.-" '- Date paid:
ZONE 5'1)
ZONE SD
33
35 Ld
15
ZONE SD
41CKORY SLOUGH - -
9.983 ACRES /,-
ZONE SO
BUTLER
2O
,J
W
20
ZONE SD
20
SD
M-2
SUBURBAN DISTRICT
HEAVY INDUSTRIAL DISTRICT
City of Peerlend, Toxee
CARLA. DAVI
ZONE CHAN6E
FROM
8D TO M-2
.:ggg ,,~:,--3oo'
SHEET
1
OF"I
AFFIDAVIT OF"PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
r~o./ a~t~ ,2-'~2 ~9 5't
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19 ~tl
resident
day of
-'her
S
~- N iN G AN O ZON! N
:'.'PEARLAND, TEXAS
~:Not~'iS h~reby 'given:'t~at on.
:~:t~'.~2hd..day:.of FebFuary,.
'.Gouncil~:a~d the: Planning and.'
.ZoningCommiss on of ~he.
=:City of Peadahd, Brazoria and'
Harris Count~s, Texas~ will
conduct a Joint Public:,
K~'Hea~ing in the. Counc:
Chambers, City Hall~3519
Liberty Drive,'
Texas, on the reqO~S't: of i
'James W. Cox, agent for .Cad.
amendment to the Laid'Use
and Urban DevelOPment
Ordinance of said City f~om
Classification S~UbU:~ba0
~evelopment (SD)to .~avy
. '.l~dUstdal Distdct (M-2)"od~ffie
i "' ' .....
~ing'9.9e3' ac:, call~T~
h7 1
=,.and oppodunity
ndLodin "
AFFIDAVIT OF"' PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, her, eby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. /' Date ,,2.- 2 f 19 ~'~9
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
President
.2. ~' day of K'~.
AUR M
?and:the Plannin. and Zoni~;~
~';~Gommission of the :City~f
..... ~. ~ouncii Chamb.: C~ H~Ii~
"~ ~19 Libeft Ddv., .~.dand,
,:~ 8xas, on the request
lmes W. Cox, agent for Cad
~. Davis, owner, for
.;~'~'mendment to the Land US~:
',j ~d Urban Developme~t-
~ :~ina~ce of said City"f~:
~_; eveiOpment (SD) to
~li~ing d~sCdbed~ProPe~;
,:to wit:
~6 'H~ B RR Co. suwey,
' :'~ ~ng Loffi~
AFFIDAVIT OF"PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
~ c/~//T"r",",~A"~'
~President
day of
'lisher
xas
;~ AND ZONING COM~ ,
lION OF THE-CITY OF;"
Dint:~ublic:Hedng in the,;
ci~
Peadan~,
the request Of /
,~ for an
~8nd~u~e
fmh ,
L Hea~
the
.pmpe~,
,..~ ~..,,~.,..': "',
March 22, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 644
Request of Carl A. Davis, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development (SD)
to Heavy Industrial District (M-2) on the following described property, to wit:
Being 9.983 acres, called Tract 16, HT& B RR Co. Survey, sect. 7, A-219, of the
plat records of Brazoria Co., TX (13801 Garden Road)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on March 15, 1999, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Jack Mathis to
approve Application No. 644.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Tommy Scott, Vice-Chairman
Planning & Zoning Commission